Legal Opinion

Rich v. Mulloney

Appellate Court of Illinois

Decided July 11, 1905No. Gen. No. 12,410PublishedCited by 2 opinions

Appeal from 1 interlocutory order appointing receiver. Appeal from the Superior Court of Cook County; the Hon. Marcus Kavanagh, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905. Statement by the Court. This is an appeal from an interlocutory order appointing a receiver.

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Appeal from 1 interlocutory order appointing receiver. Appeal from the Superior Court of Cook County; the Hon. Marcus Kavanagh, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905. Statement by the Court. This is an appeal from an interlocutory order appointing a receiver. Appellant, who is administrator of the estate of Ellen P. Rich, deceased, and of her brother, George F. Rich, also deceased, filed a bill alleging that he is acting as such administrator by appointment of the Probate Court of Suffolk county, Massachusetts, and reciting that Elisha B. Rich of…

1Opinion of the CourtJustice Fbeeman

There is no appearance and no brief filed in behalf of appellee. Apparently no counsel are willing to defend in this court the appointment of a receiver under this bill. It is clear that such appointment should not have been made.

In the first place the principal complainant by whom the bill was originally verified, files an affidavit stating that she signed and made oath to it under a misapprehension that she has confidence in the good faith and ability of the management of the trustee and does not desire the appointment of a receiver. At her request the bill is dismissed as to her, and yet…

2Cases cited5 opinions

  1. Baker v. Administrator of BackusIllinois Supreme Court · 1863
  2. First National Bank v. GageIllinois Supreme Court · 1875
  3. Lemker v. KalberlahAppellate Court of Illinois · 1903
  4. Consolidated Stanley Mining & Milling Co. v. LoeberAppellate Court of Illinois · 1901
  5. Schack v. McKeyAppellate Court of Illinois · 1902

3Cited by2 opinions

  1. Craig v. CraigAppellate Court of Illinois · 1912
  2. Independent Brewing Ass'n v. KleinAppellate Court of Illinois · 1907

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